Rajesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Rajesh, ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Kollencode Police Station, Kanyakumari District.
(Crime No.66 of 2023).
... Respondent/Complainant For Petitioner : Mr.M.R.Sreenivasan, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.66 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/sole accused who apprehends arrest at the hands of the respondent police for the offences punishable under sections 447,427 and 379(NP) of IPC in Crime No. 66 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to property dispute the petitioner herein along with other accused trespassed in the house of the defacto complainant and caused damage to the building and committed theft of nine asbestos, hence the case.
3. Heard both side and perused the materials available on record including the First Information Report.
4. Taking into consideration all the above the facts and circumstances of the case this court is inclined to grant anticipatory bail to the petitioner , with certain conditions: 1/3
5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Kuzhithurai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity.
[b]the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten thousand only)to the credit in Crime No.66 of 2023 on the file of the respondent police before the the learned Judicial Magistrate No.II, Kuzhithurai. On such payment , the concerned Magistrate is directed to accept the sureties furnished by the petitioner.
[c] the petitioner shall report before the respondent police daily at 6.30 pm.,for a period of one week and thereafter as and when required for interrogation.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 16/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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AAV TO 1 THE JUDICIAL MAGISTRATE NO.II KUZHITHURAI.
2 DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT @ NAGERCOIL.
3 THE INSPECTOR OF POLICE KOLLENCODE POLICE STATION, KANYAKUMARI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.R.SRINIVASAN, Advocate (SR-9105[I] dated 20/06/2023 )
ORDER
IN CRL OP(MD) No.10720 of 2023 Date :16/06/2023 PKP/CG/SAR- /23.06.2023/ 3P/6C 3/3